80_FR_34737 80 FR 34621 - Melamine From Trinidad and Tobago: Affirmative Preliminary Determination of Sales at Less Than Fair Value and Postponement of Final Determination

80 FR 34621 - Melamine From Trinidad and Tobago: Affirmative Preliminary Determination of Sales at Less Than Fair Value and Postponement of Final Determination

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 80, Issue 116 (June 17, 2015)

Page Range34621-34622
FR Document2015-14975

The Department of Commerce (``Department'') preliminarily determines that melamine from Trinidad and Tobago is being, or is likely to be, sold in the United States at less than fair value (``LTFV''), as provided in section 733(b) of the Tariff Act of 1930, as amended (the ``Act''). The period of investigation is October 1, 2013 through September 30, 2014. The estimated weighted-average dumping margins are shown in the ``Preliminary Determination'' section of this notice. Interested parties are invited to comment on this preliminary determination.

Federal Register, Volume 80 Issue 116 (Wednesday, June 17, 2015) 
[Federal Register Volume 80, Number 116 (Wednesday, June 17, 2015)]
[Notices]
[Pages 34621-34622]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-14975]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-274-806]


Melamine From Trinidad and Tobago: Affirmative Preliminary 
Determination of Sales at Less Than Fair Value and Postponement of 
Final Determination

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (``Department'') preliminarily 
determines that melamine from Trinidad and Tobago is being, or is 
likely to be, sold in the United States at less than fair value 
(``LTFV''), as provided in section 733(b) of the Tariff Act of 1930, as 
amended (the ``Act''). The period of investigation is October 1, 2013 
through September 30, 2014. The estimated weighted-average dumping 
margins are shown in the ``Preliminary Determination'' section of this 
notice. Interested parties are invited to comment on this preliminary 
determination.

DATES: Effective Date: June 17, 2015.

FOR FURTHER INFORMATION CONTACT: Laurel LaCivita, AD/CVD Operations, 
Office III, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
4243.

SUPPLEMENTARY INFORMATION:

Background

    The Department published the notice of initiation of this 
investigation on December 9, 2014.\1\ Pursuant to section 773(c)(1)(A) 
of the Act, the Department postponed this preliminary LTFV 
determination by a period of 50 days.\2\
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    \1\ See Melamine from the People's Republic of China and 
Trinidad and Tobago: Initiation of Less-Than-Fair-Value 
Investigations, 79 FR 73037 (December 9, 2014) (``Initiation 
Notice'').
    \2\ See Melamine from the People's Republic of China and 
Trinidad and Tobago: Postponement of Preliminary Determinations of 
Antidumping Duty Investigations, 80 FR 12979 (March 12, 2015).
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Scope of the Investigation

    The merchandise subject to this investigation is melamine (Chemical 
Abstracts Service (``CAS'') registry number 108-78-01, molecular 
formula C3H6N6).\3\ Melamine is a 
crystalline powder or granule typically (but not exclusively) used to 
manufacture melamine formaldehyde resins. All melamine is covered by 
the scope of this investigation irrespective of purity, particle size, 
or physical form. Melamine that has been blended with other products is 
included within this scope when such blends include constituent parts 
that have been intermingled, but that have not been chemically reacted 
with each other to produce a different product. For such blends, only 
the melamine component of the mixture is covered by the scope of this 
investigation. Melamine that is otherwise subject to this investigation 
is not excluded when commingled with melamine from sources not subject 
to this investigation. Only the subject component of such commingled 
products is covered by the scope of this investigation.
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    \3\ Melamine is also known as 2,4,6-triamino-s-triazine; 1,3,5-
Triazine-2,4,6-triamine; Cyanurotriamide; Cyanurotriamine; 
Cyanuramide; and by various brand names.
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    The subject merchandise is provided for in subheading 2933.61.0000 
of the Harmonized Tariff Schedule of the United States (``HTSUS''). 
Although the HTSUS subheading and CAS registry number are provided for 
convenience and customs purposes, the written description of the scope 
is dispositive.

Scope Comments

    The Department's Initiation Notice provided interested parties an 
opportunity to raise issues regarding product coverage (scope).\4\ None 
of the parties to the proceeding provided scope comments with respect 
to this product.
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    \4\ See Initiation Notice, 79 FR at 73037.
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Methodology

    The Department has conducted this investigation in accordance with 
section 731 of the Act. We calculated constructed export price 
(``CEP'') in accordance with section 772 of the Act, and normal value 
(``NV'') in accordance with section 773 of the Act. For a full 
description of the methodology underlying our conclusions, see the 
Preliminary Decision Memorandum. The Preliminary Decision Memorandum is 
a public document and is made available to the public via Enforcement 
and Compliance's Antidumping and Countervailing Duty Centralized 
Electronic Service System (``ACCESS''). ACCESS is available to 
registered users at https://access.trade.gov, and is available to all 
parties in the Department's Central Records Unit, located at room 7046 
of the main Department of Commerce building. In addition, a complete 
version of the Preliminary Decision Memorandum \5\ can be found at 
http://enforcement.trade.gov/frn/. The signed and the electronic 
versions of the Preliminary Decision Memorandum are identical in 
content.
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    \5\ See Memorandum to Paul Piquado, ``Decision Memorandum for 
the Preliminary Determination in the Antidumping Duty Investigation 
of Melamine from Trinidad and Tobago,'' dated concurrently with this 
notice. A list of the topics discussed in the Preliminary Decision 
Memorandum appears in Appendix II, below.
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All Others Rate

    Section 735(c)(5)(A) of the Act provides that the estimated ``all 
others'' rate shall be an amount equal to the weighted average of the 
estimated weighted-average dumping margins established for exporters 
and producers individually investigated, excluding any zero or de 
minimis margins, and any margins determined entirely under section 776 
of the Act. We based our calculation of the ``all others'' rate on the 
margin calculated for Methanol Holdings (Trinidad) Limited (``MHTL''),

[[Page 34622]]

the only mandatory respondent in this investigation.

Preliminary Determination

    The Department preliminarily determines that the following 
weighted-average dumping margins exist:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                  Producer and/or exporter                      dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
MHTL........................................................      174.22
All Others..................................................      174.22
------------------------------------------------------------------------

Disclosure and Public Comment

    We intend to disclose the calculations performed to parties in this 
proceeding within five days of the date of publication of this notice 
in accordance with 19 CFR 351.224(b).
    Case briefs or other written comments may be submitted to the 
Assistant Secretary for Enforcement and Compliance no later than seven 
days after the date on which the final verification report is issued in 
this proceeding. Rebuttal briefs, limited to issues raised in case 
briefs, may be submitted no later than five days after the deadline 
date for case briefs.\6\ Pursuant to 19 CFR 351.309(c)(2) and (d)(2), 
parties who submit case briefs or rebuttal briefs in this proceeding 
are encouraged to submit with each argument: (1) A statement of the 
issue; (2) a brief summary of the argument; and (3) a table of 
authorities.
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    \6\ See 19 CFR 351.309.
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing, or to participate if one is requested, must submit a 
written request to the Assistant Secretary for Enforcement and 
Compliance, U.S. Department of Commerce. All documents must be filed 
electronically using ACCESS. An electronically filed request must be 
received successfully in its entirety by ACCESS, by 5:00 p.m. Eastern 
Time (``ET''), within 30 days after the date of publication of this 
notice.\7\ Requests should contain the party's name, address, and 
telephone number, the number of participants, and a list of the issues 
to be discussed. If a request for a hearing is made, the Department 
intends to hold the hearing at the U.S. Department of Commerce, 14th 
Street and Constitution Avenue NW., Washington, DC 20230, at a time and 
date to be determined. Parties should confirm by telephone the date, 
time, and location of the hearing two days before the scheduled date.
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    \7\ See 19 CFR 351.310(c).
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Postponement of Final Determination and Extension of Provisional 
Measures

    Pursuant to a request from MHTL, we are postponing the final 
determination. Accordingly, we will make our final determination no 
later than 135 days after the date of publication of this preliminary 
determination, pursuant to section 735(a)(2) of the Act.\8\ Further, 
MHTL requested to extend the application of the provisional measures 
prescribed under section 733(d) of the Act and 19 CFR 351.210(e)(2), 
from a four-month period to a six-month period. The suspension of 
liquidation described above will be extended accordingly.\9\
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    \8\ See 19 CFR 351.210(b)(2) and (e); See also Letter from MHTL, 
``Southern Chemical and MHTL's Request to Postpone Final 
Determination and Extension for Provisional Measures,'' dated June 
8, 2015 (``Postponement Letter'').
    \9\ Id.
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Suspension of Liquidation

    In accordance with section 733(d)(2) of the Act, we are directing 
U.S. Customs and Border Protection (``CBP'') to suspend liquidation of 
all entries of melamine from Trinidad and Tobago as described in the 
scope of the investigation section entered, or withdrawn from 
warehouse, for consumption on or after the date of publication of this 
notice in the Federal Register.
    Pursuant to 19 CFR 351.205(d), we will instruct CBP to require a 
cash deposit equal to the weighted-average amount by which the NV 
exceeds CEP, as indicated in the chart above.\10\ These suspension of 
liquidation instructions will remain in effect until further notice.
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    \10\ See Modification of Regulations Regarding the Practice of 
Accepting Bonds During the Provisional Measures Period in 
Antidumping and Countervailing Duty Investigations, 76 FR 61042 
(October 3, 2011).
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International Trade Commission (``ITC'') Notification

    In accordance with section 733(f) of the Act, we notified the ITC 
of our preliminary affirmative determination of sales at LTFV. Because 
the preliminary determination in this proceeding is affirmative, 
section 735(b)(2) of the Act requires that the ITC make its final 
determination whether the domestic industry in the United States is 
materially injured, or threatened with material injury, by reason of 
imports of melamine from Trinidad and Tobago before the later of 120 
days after the date of this preliminary determination or 45 days after 
our final determination. Because we are postponing the deadline for our 
final determination to 135 days from the date of publication of this 
preliminary determination, as discussed above, the ITC will make its 
final determination no later than 45 days after our final 
determination.
    This determination is issued and published in accordance with 
sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c).

    Dated: June 10, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Period of Investigation
IV. Postponement of Preliminary Determination
V. Postponement of Final Determination and Extension of Provisional 
Measures
VI. Scope of the Investigation
VII. Discussion of Methodology
    A. Fair Value Comparisons
    (1) Determination of Comparison Method
    (2) Results of the Differential Pricing Analysis
VIII. Product Comparisons
IX. Date of Sale
X. Affiliation
XI. Constructed Export Price
XII. Normal Value
    A. Comparison-Market Viability
    B. Level of Trade
    C. Cost of Production
    (1) Calculation of Cost of Production
    (2) Test of Home Market Sale Prices
    (3) Results of the Sales-Below-Cost Test
    D. Calculation of Normal Value Based on CV
XIII. Currency Conversion
XIV. U.S. International Trade Commission Notification
XV. Disclosure and Public Comment
XVI. Verification
XVII. Conclusion

[FR Doc. 2015-14975 Filed 6-16-15; 8:45 am]
 BILLING CODE 3510-DS-P

Federal Register / Vol. 80, No. 116 / Wednesday, June 17, 2015 / Notices 34621 this requirement could result in the estimated weighted-average dumping United States (‘‘HTSUS’’). Although the Department’s presumption that margins are shown in the ‘‘Preliminary HTSUS subheading and CAS registry reimbursement of antidumping duties Determination’’ section of this notice. number are provided for convenience occurred and the subsequent assessment Interested parties are invited to and customs purposes, the written of double antidumping duties. comment on this preliminary description of the scope is dispositive. determination. Administrative Protective Order Scope Comments DATES: Effective Date: June 17, 2015. This notice also serves as a reminder The Department’s Initiation Notice FOR FURTHER INFORMATION CONTACT: to parties subject to administrative provided interested parties an protective order (‘‘APO’’) of their Laurel LaCivita, AD/CVD Operations, Office III, Enforcement and Compliance, opportunity to raise issues regarding responsibility concerning the return or product coverage (scope).4 None of the destruction of proprietary information International Trade Administration, U.S. Department of Commerce, 14th parties to the proceeding provided disclosed under the APO in accordance scope comments with respect to this with 19 CFR 351.305(a)(3), which Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) product. continues to govern business proprietary information in this segment 482–4243. Methodology of the proceeding. Timely written SUPPLEMENTARY INFORMATION: The Department has conducted this notification of the return/destruction of Background investigation in accordance with section APO materials or conversion to judicial 731 of the Act. We calculated protective order is hereby requested. The Department published the notice of initiation of this investigation on constructed export price (‘‘CEP’’) in Failure to comply with the regulations accordance with section 772 of the Act, and terms of an APO is a violation December 9, 2014.1 Pursuant to section 773(c)(1)(A) of the Act, the Department and normal value (‘‘NV’’) in accordance which is subject to sanction. with section 773 of the Act. For a full These final results of reviews are postponed this preliminary LTFV determination by a period of 50 days.2 description of the methodology issued and published in accordance underlying our conclusions, see the with sections 751(a)(1), 751(a)(2)(B), and Scope of the Investigation Preliminary Decision Memorandum. 777(i) of the Act and 19 CFR 351.213, The merchandise subject to this The Preliminary Decision Memorandum 351.214. investigation is melamine (Chemical is a public document and is made Dated: June 10, 2015. Abstracts Service (‘‘CAS’’) registry available to the public via Enforcement Paul Piquado, number 108–78–01, molecular formula and Compliance’s Antidumping and Assistant Secretary, for Enforcement and C3H6N6).3 Melamine is a crystalline Countervailing Duty Centralized Compliance. powder or granule typically (but not Electronic Service System (‘‘ACCESS’’). exclusively) used to manufacture ACCESS is available to registered users Appendix melamine formaldehyde resins. All at https://access.trade.gov, and is Summary melamine is covered by the scope of this available to all parties in the Background investigation irrespective of purity, Department’s Central Records Unit, Scope of the Order particle size, or physical form. located at room 7046 of the main Discussion of the Issues Melamine that has been blended with Department of Commerce building. In Comment 1: Whether Jiedong Lehouse has Demonstrated Eligibility for Separate other products is included within this addition, a complete version of the Rate Status scope when such blends include Preliminary Decision Memorandum 5 Recommendation constituent parts that have been can be found at http:// [FR Doc. 2015–14967 Filed 6–16–15; 8:45 am] intermingled, but that have not been enforcement.trade.gov/frn/. The signed BILLING CODE 3510–DS–P chemically reacted with each other to and the electronic versions of the produce a different product. For such Preliminary Decision Memorandum are blends, only the melamine component identical in content. DEPARTMENT OF COMMERCE of the mixture is covered by the scope All Others Rate of this investigation. Melamine that is International Trade Administration otherwise subject to this investigation is Section 735(c)(5)(A) of the Act [A–274–806] not excluded when commingled with provides that the estimated ‘‘all others’’ melamine from sources not subject to rate shall be an amount equal to the Melamine From Trinidad and Tobago: this investigation. Only the subject weighted average of the estimated Affirmative Preliminary Determination component of such commingled weighted-average dumping margins of Sales at Less Than Fair Value and products is covered by the scope of this established for exporters and producers Postponement of Final Determination investigation. individually investigated, excluding any The subject merchandise is provided zero or de minimis margins, and any AGENCY: Enforcement and Compliance, for in subheading 2933.61.0000 of the margins determined entirely under International Trade Administration, Harmonized Tariff Schedule of the section 776 of the Act. We based our Department of Commerce. calculation of the ‘‘all others’’ rate on SUMMARY: The Department of Commerce 1 See Melamine from the People’s Republic of the margin calculated for Methanol (‘‘Department’’) preliminarily China and Trinidad and Tobago: Initiation of Less- asabaliauskas on DSK5VPTVN1PROD with NOTICES Than-Fair-Value Investigations, 79 FR 73037 Holdings (Trinidad) Limited (‘‘MHTL’’), determines that melamine from (December 9, 2014) (‘‘Initiation Notice’’). Trinidad and Tobago is being, or is 2 See Melamine from the People’s Republic of 4 See Initiation Notice, 79 FR at 73037. likely to be, sold in the United States at China and Trinidad and Tobago: Postponement of 5 See Memorandum to Paul Piquado, ‘‘Decision less than fair value (‘‘LTFV’’), as Preliminary Determinations of Antidumping Duty Memorandum for the Preliminary Determination in provided in section 733(b) of the Tariff Investigations, 80 FR 12979 (March 12, 2015). the Antidumping Duty Investigation of Melamine 3 Melamine is also known as 2,4,6-triamino-s- from Trinidad and Tobago,’’ dated concurrently Act of 1930, as amended (the ‘‘Act’’). triazine; 1,3,5-Triazine-2,4,6-triamine; with this notice. A list of the topics discussed in The period of investigation is October 1, Cyanurotriamide; Cyanurotriamine; Cyanuramide; the Preliminary Decision Memorandum appears in 2013 through September 30, 2014. The and by various brand names. Appendix II, below. VerDate Sep<11>2014 18:47 Jun 16, 2015 Jkt 235001 PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 E:\FR\FM\17JNN1.SGM 17JNN1

34622 Federal Register / Vol. 80, No. 116 / Wednesday, June 17, 2015 / Notices the only mandatory respondent in this Postponement of Final Determination preliminary determination, as discussed investigation. and Extension of Provisional Measures above, the ITC will make its final Pursuant to a request from MHTL, we determination no later than 45 days Preliminary Determination are postponing the final determination. after our final determination. The Department preliminarily Accordingly, we will make our final This determination is issued and determines that the following weighted- determination no later than 135 days published in accordance with sections average dumping margins exist: after the date of publication of this 733(f) and 777(i)(1) of the Act and 19 preliminary determination, pursuant to CFR 351.205(c). Weighted- average section 735(a)(2) of the Act.8 Further, Dated: June 10, 2015. Producer and/or exporter dumping MHTL requested to extend the Paul Piquado, margin application of the provisional measures Assistant Secretary for Enforcement and (percent) prescribed under section 733(d) of the Compliance. MHTL .......................................... 174.22 Act and 19 CFR 351.210(e)(2), from a Appendix All Others .................................... 174.22 four-month period to a six-month period. The suspension of liquidation List of Topics Discussed in the Preliminary described above will be extended Decision Memorandum Disclosure and Public Comment accordingly.9 I. Summary We intend to disclose the calculations II. Background performed to parties in this proceeding Suspension of Liquidation III. Period of Investigation within five days of the date of In accordance with section 733(d)(2) IV. Postponement of Preliminary publication of this notice in accordance of the Act, we are directing U.S. Determination V. Postponement of Final Determination and with 19 CFR 351.224(b). Customs and Border Protection (‘‘CBP’’) Extension of Provisional Measures Case briefs or other written comments to suspend liquidation of all entries of VI. Scope of the Investigation may be submitted to the Assistant melamine from Trinidad and Tobago as VII. Discussion of Methodology Secretary for Enforcement and described in the scope of the A. Fair Value Comparisons Compliance no later than seven days investigation section entered, or (1) Determination of Comparison Method after the date on which the final withdrawn from warehouse, for (2) Results of the Differential Pricing verification report is issued in this consumption on or after the date of Analysis proceeding. Rebuttal briefs, limited to publication of this notice in the Federal VIII. Product Comparisons issues raised in case briefs, may be IX. Date of Sale Register. X. Affiliation submitted no later than five days after Pursuant to 19 CFR 351.205(d), we XI. Constructed Export Price the deadline date for case briefs.6 will instruct CBP to require a cash XII. Normal Value Pursuant to 19 CFR 351.309(c)(2) and deposit equal to the weighted-average A. Comparison-Market Viability (d)(2), parties who submit case briefs or amount by which the NV exceeds CEP, B. Level of Trade rebuttal briefs in this proceeding are as indicated in the chart above.10 These C. Cost of Production encouraged to submit with each suspension of liquidation instructions (1) Calculation of Cost of Production argument: (1) A statement of the issue; will remain in effect until further notice. (2) Test of Home Market Sale Prices (2) a brief summary of the argument; (3) Results of the Sales-Below-Cost Test International Trade Commission D. Calculation of Normal Value Based on and (3) a table of authorities. (‘‘ITC’’) Notification CV Pursuant to 19 CFR 351.310(c), XIII. Currency Conversion interested parties who wish to request a In accordance with section 733(f) of XIV. U.S. International Trade Commission hearing, or to participate if one is the Act, we notified the ITC of our Notification requested, must submit a written preliminary affirmative determination of XV. Disclosure and Public Comment request to the Assistant Secretary for sales at LTFV. Because the preliminary XVI. Verification Enforcement and Compliance, U.S. determination in this proceeding is XVII. Conclusion Department of Commerce. All affirmative, section 735(b)(2) of the Act [FR Doc. 2015–14975 Filed 6–16–15; 8:45 am] documents must be filed electronically requires that the ITC make its final BILLING CODE 3510–DS–P using ACCESS. An electronically filed determination whether the domestic request must be received successfully in industry in the United States is its entirety by ACCESS, by 5:00 p.m. materially injured, or threatened with DEPARTMENT OF COMMERCE Eastern Time (‘‘ET’’), within 30 days material injury, by reason of imports of after the date of publication of this melamine from Trinidad and Tobago National Oceanic and Atmospheric notice.7 Requests should contain the before the later of 120 days after the date Administration party’s name, address, and telephone of this preliminary determination or 45 number, the number of participants, and days after our final determination. Submission for OMB Review; a list of the issues to be discussed. If a Because we are postponing the deadline Comment Request request for a hearing is made, the for our final determination to 135 days The Department of Commerce will Department intends to hold the hearing from the date of publication of this submit to the Office of Management and at the U.S. Department of Commerce, Budget (OMB) for clearance the 8 See 19 CFR 351.210(b)(2) and (e); See also Letter 14th Street and Constitution Avenue asabaliauskas on DSK5VPTVN1PROD with NOTICES from MHTL, ‘‘Southern Chemical and MHTL’s following proposal for collection of NW., Washington, DC 20230, at a time Request to Postpone Final Determination and information under the provisions of the and date to be determined. Parties Extension for Provisional Measures,’’ dated June 8, Paperwork Reduction Act (44 U.S.C. should confirm by telephone the date, 2015 (‘‘Postponement Letter’’). Chapter 35). time, and location of the hearing two 9 Id. Agency: National Oceanic and 10 See Modification of Regulations Regarding the days before the scheduled date. Atmospheric Administration (NOAA). Practice of Accepting Bonds During the Provisional Measures Period in Antidumping and Title: Pacific Island Pelagic Longline 6 See 19 CFR 351.309. Countervailing Duty Investigations, 76 FR 61042 Fisheries; Seabird-Fisheries Interaction 7 See 19 CFR 351.310(c). (October 3, 2011). Recovery Reporting. VerDate Sep<11>2014 18:47 Jun 16, 2015 Jkt 235001 PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 E:\FR\FM\17JNN1.SGM 17JNN1


Document Created: 2015-12-15 14:22:30
Document Modified: 2015-12-15 14:22:30
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ContactLaurel LaCivita, AD/CVD Operations, Office III, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482- 4243.
FR Citation80 FR 34621 
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